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Petitioner: ASHIQUE SOLANGI and anothers VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Khawaja Naveed Ahmed Title: ASHIQUE SOLANGI and anothers vs THE STATE Case No.: Criminal Revision No,S-51 of 2005 Date of Judgment:2008-04-29 Reported As: PLD 2008 Karachi 420 Result: Revision petition accepted
JUDGMENT
JUDGMENT ' KHAWAJA NAVEED AHMAD, J.---This revision application has directed against the judgment of learned II-Civil Judge & Judicial Magistrate, Kashmore as well as the learned Additional Sessions Judge, Kashmore who was pleased to uphold the order of learned Civil Judge and Judicial Magistrate Kashmore dated 10-6-2005 by his order dated 30-6-2005. Today both the applicants are present. Mr. Inayatullah Morio, Advocate for applicants states that the parties have compromised outside the Court and as such revision application may be allowed. Advocate for complainant Mr. Muhammad Saleem JN Jessar, is present. He confirms the statement made by learned Advocate for applicants. 2. The applicants were convicted under sections 452, 337-H(2), 506/2 and 148, P.P.C. The legal question is that certain offences are compoundable and certain offences are not compoundable. I am of the clear view that if the main offence is compoundable and parties have compromised against themselves then the small offences should be treated as compromised though under the statute those are not compoundable. In the present revision keeping in view the compromise which has taken place between the parties outside the Court, it is not proper to uphold the conviction specially when the complainant does not want to pursue his case anymore. In the circumstances I accept the revision application and order acquittal of both the applicants from the charge. Their conviction and sentence is set aside. They are present on bail, their bail bonds are cancelled and sureties discharged.